Is a Maryland protective order enforceable in another state?

March 07, 2017
By
Law Offices of James E. Crawford, Jr. & Associates

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If you have had a protective order issued against you, it is important
to know what you can and cannot do according to that order. Furthermore,
you need to know where the order is enforceable. For example, some people
have questions about whether a Maryland protective order is enforceable
in, say, Florida. This question is understandable, considering that different
states have different laws that apply to protective orders.

The fact is, when it comes to protective orders, every state is bound by
federal law to honor the protective orders of other states. Furthermore,
when enforcing the terms of the protective order — and the consequences
for violating the order — each state must honor fellow states’
protective orders in “full faith and credit.” What this means
is that violations of the protective order will be punished according
to the laws of the state in which the order was issued.

Under the federal Violence Against Women Act, a particular state’s
protective order must be honored by all U.S. territories, states and Native
American tribal courts. That said, the protective order must qualify under
federal law in order for the Violence Against Women Act to apply. Qualifying
protective orders must be:

— Issued in order to prevent threatening or violent acts,sexual violence, harassing behavior or to prevent close proximity or contact by a particular person

— Issued by a court with jurisdiction over the individuals involved
in the case

— The alleged abuser was given notice about the order and an opportunity
to tell his or her side of the case.

So long as the above conditions are present, then a court-issued protective
order will be enforceable in any part of the United States. Maryland residents
who have had protective orders issued against them may want to discuss
the unique terms of their protective orders with a qualified domestic
violence attorney in order to fully understand them.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.